| The practice risks of rural doctors cannot be resolved,and the increase in the turnover tendency of rural doctors has led to a lack of stability in the grassroots medical and health team,which conflicts with the national development strategy of rural revitalization,new rural construction,and healthy China.Currently,the national public health service cannot cover village level health care and epidemic prevention.Stabilizing the existing doctor team is crucial,and we need to provide them with channels for medical accident risk transfer.Providing rural doctors with channels for risk transfer and creating liability insurance for rural doctors are crucial for the development of rural grassroots medical and health services.Through in-depth theoretical research on this system,this article provides support and guidance for the compulsory occupational liability insurance system for rural doctors in China.The full text is divided into five chapters.The first part mainly explains that the rural doctor professional liability insurance system is adapted to the needs of the times and can improve the current backward situation of medical and health care in rural areas.Starting with the occupational risks faced by rural doctors,this article defines the special identity and nature of rural doctors and explains the social value of their medical services.Rural doctors’ professional risks make them face the negative impact of medical disputes,requiring legal remedies.Currently,rural doctors passively confront the risk of medical accidents they face through refusal to receive medical treatment,which can be transferred through insurance.As a public welfare insurance,this insurance needs to be enforced in the event of insufficient reasonable profits.The second part elaborates the legalization principle of village doctors’ professional liability insurance.Rural doctors can transfer risks through commercial insurance,but at present,commercial insurance cannot cover rural doctors and lacks the support of statistical data.Legal insurance greatly assimilates quasi public welfare non-profit nature,which will make up for the shortcomings of general commercial insurance.The urgent need of rural doctors for professional liability insurance and the grassroots health requirements proposed by the rural revitalization strategy make the legalization of rural doctors’ professional liability insurance legitimate.The legal analysis of the public welfare and non-profit nature of rural doctors’ professional liability insurance determines whether the insurance type requires government participation and enforcement.The third part expounds the special legislative value of compulsory rural doctors’ professional liability insurance in China.The life and health interests of farmers must be protected by law,and the problem of difficult access to medical care in rural areas must be solved according to law.Ensure medical accident compensation for patients in rural areas according to law,thereby reducing medical disputes in rural areas.Rural doctors’ professional liability insurance is a special type of liability insurance,which is different from the existing commercial medical liability insurance in cities and is specifically targeted at rural doctors.The fourth part details the composition of the compulsory professional liability insurance system for rural doctors in China.The insured of rural doctors’ professional liability insurance is rural doctors,and the insurer should select an insurance company with good qualifications and relevant experience.The subject matter,scope of liability,and exemptions of professional liability insurance for rural doctors need to be clearly defined.At the same time,the contracting procedures and penalties for insurance contracts are stipulated by law,and the compensation standards provide a certain amount of free negotiation space for both parties.Clarify how to resolve contract disputes,introduce a government mediation system,and use third-party social agency services to determine the insurer’s performance of defense obligations and the way the third party claims to act.The fifth part puts forward suggestions for improving the construction of compulsory occupational liability insurance system for rural doctors in China.Formulate a high-level compulsory insurance law for rural doctors’ professional liability,submit the corresponding draft text,and recommend that the State Council promulgate the compulsory insurance law.To explore various supporting measures that should be provided for the rural doctors’ occupational insurance system,and to propose the formulation of a compulsory insurance law for rural doctors’ occupational liability. |
